Dedicated Family Law Attorneys Serving Pleasanton, CA
At Schoenberg Family Law Group, P.C., we understand how complicated and painful family law issues can be. We offer compassionate and confidential legal services grounded in over three decades of success, in and out of the courtroom. Our skilled Pleasanton family law attorneys provide expert, client-centered representation. We are committed to guiding you through the legal process with efficiency and care.
Our attorneys are here to advise, resolve, negotiate, and litigate on your behalf. We provide the sound information and support you need to make rational, objective decisions during a stressful and overwhelming time. We can help alleviate your logistical and emotional burden, and streamline your case in all relevant areas of family law, including:
- Child support
- Modifications to child support
- Child custody
- Modifications to child custody
- Divorce
- Mediation
- Paternity
Debra R. Schoenberg, our firm’s lead attorney, holds the title of Certified Family Law Specialist from the State Board of Legal Specialization. In addition to more than 35 years in practice, she has completed extensive additional education and training, and is a frequent lecturer in the field of family law. She was named a Fellow of the American Academy of Matrimonial Lawyers (AAML) and is a Board-Certified Family Law Trial Specialist by The National Board of Trial Advocacy (NBTA).
We are committed to offering the highest quality legal services to our clients. Contact our office today to speak with one of our knowledgeable and empathetic attorneys.
Child Support and Family Law Cases in Pleasanton
Parents are legally obligated to support their children. Child support is a court-mandated monthly payment intended to cover the costs associated with raising a child and maintaining their stability. Judges determine the amount of child support based on state guidelines and specific formulas.
Typically, courts calculate child support considering both parents’ gross incomes and the amount of time the child spends with each parent. Child support covers various needs, including:
- Financial support for food, clothing, and shelter
- Health insurance
- Extracurricular activities such as sports, lessons, and field trips
- In addition to child support, parents also share the cost of childcare incident to employment and non-reimbursed medical expenses.
Support obligations generally continue until:
- The child turns 18 or graduates from high school, whichever is later; or
- The child reaches 19 years old; or
- The child marries, dies, or becomes emancipated.
In cases where a child is disabled and unable to support themselves, the court may require both parents to continue providing support beyond these typical conditions.
In addition to child support, parents also share the cost of childcare incident to employment and non-reimbursed medical expenses.
Child Custody & Family Law Cases in Pleasanton
In California, parents are required to have a parenting plan in place. Parents can either create and agree on their own plan or have one established by the court. A parenting plan outlines child custody arrangements and visitation schedules, and must prioritize the child’s best interests.
When determining child custody, the court must always prioritize the child’s best interests. Factors examined include the child’s age, health, emotional bonds, connections to their school and community, and any history of family abuse or neglect.
If custody is awarded to one parent, the other parent typically has visitation rights, which are also based on the child’s best interests. Both custody and visitation orders can be modified as a child’s needs or a parent’s circumstances change.
Common Child Custody Schedules in California
When parents can work together to agree on a child custody arrangement that accommodates both of their routines, is fair to each parent, and serves the best interests of their children, they can settle this issue in their divorce agreement without relying on a judge—who may not fully understand their family dynamics—to make such an important decision. The conscientious team at Schoenberg Family Law Group, P.C., recognizes how crucial it is for parents to make decisions for their own children and can assist in this process by organizing meetings with the other parent and their attorney. We make every effort to resolve issues out of court, discussing common California child custody or parenting time arrangements and creative solutions, whether through joint physical custody or sole custody with visitation rights.
Here are a few examples to consider:
- Alternating weeks schedule: This straightforward plan works well for older children, as they spend one week with each parent, providing consistency.
- 2-2-3 schedule: In this schedule, one parent always has the kids on Monday and Tuesday, the other parent has the kids Wednesday and Thursday, and they alternate the weekends. This allows for consistency.
- 3-4-4-3 schedule: In this arrangement, one parent has the child for 3 days, followed by 4 days with the other parent, then 4 days with the first parent, and 3 days with the second, repeating. This schedule is ideal for younger children, allowing them to avoid long periods away from either parent, while also giving both parents a balanced mix of weekdays and weekends with their kids.
- Sole custody with visitation: If one parent has a demanding career, this option may be the best fit. It typically grants one parent sole custody, with the other parent having visitation every other weekend and one evening per week, from after school until dinnertime.
A parenting plan should also outline the parents’ schedule for holidays and school vacations. Our legal team can assist you in creating a comprehensive child custody plan that suits your family’s needs and meets the approval of a judge in your jurisdiction.
Modifying Existing Orders for Child Support or Spousal Support
Our experienced family law attorneys understand that a major change in life circumstances can impact the appropriateness of your original orders. However, failing to pay court-ordered child or spousal support can lead to serious consequences, including contempt of court charges, interest penalties, fines, damage to your credit score, and even jail time. Instead of falling behind on payments, our family law firm can assist those facing significant changes in their financial circumstances in filing for a modification of support orders. California courts will only consider modifications under certain unforeseeable conditions, such as:
- Sudden job loss
- Substantially reduced earning capacity due to an accident, illness, or disability
- A change in the number of children being supported
Although none of the above factors guarantee that a judge will approve a modification, they do provide valid grounds for the court to review the existing order and consider changes. If a sudden, significant change in circumstances has made it challenging for you to maintain your support payments, our family law attorney can advocate strongly on your behalf to seek a modification.
Divorce in Pleasanton
California is a “no-fault” divorce state, meaning neither spouse is blamed for the divorce. Instead, divorces are typically filed due to irreconcilable differences or the irreparable breakdown of the marriage.
To file for divorce in Pleasanton, California, one spouse must have lived in the state for at least six months prior to the action being filed, and in the county where the action is filed for at least three months. An exception applies to same-sex couples married in California but residing in a state that does not recognize same-sex divorce.
It’s also important to be aware that there is a mandatory six-month waiting period before a judge can grant your divorce.
Mediation in Pleasanton
Mediation is an informal, non-adversarial way to resolve divorce matters such as property division, spousal support, child support, child custody, and visitation. During mediation, spouses work with a neutral mediator to reach a fair and mutually agreeable settlement on all marital issues, fostering open and honest communication.
While mediation for divorce is not mandatory and either spouse can withdraw at any time, California requires divorcing parents to participate in custody and visitation mediation. A skilled family mediator assists parents in creating a custody and visitation plan that serves the child’s best interests.
Any agreement reached in mediation is not final until it receives court approval. If mediation fails to produce an agreement, the case proceeds to litigation in court.
It is advisable to have a skilled family law attorney as your advocate during the mediation process.
Paternity
In California, courts do not automatically presume that an unwed father is the biological parent of a child, even if his name appears on the birth certificate. A mother cannot receive child support, and a father cannot seek custody or visitation, without first establishing paternity, or legal parentage, of the child.
When a couple is married, the law assumes the child is a product of the marriage. However, for unmarried parents, no such assumption exists. Parentage can be established either by voluntarily signing a declaration acknowledging biological parenthood or through a court case determining parentage.
Once parentage is legally established, the parent gains rights, such as seeking custody or visitation, and also assumes the responsibility of financially supporting the child.
Schedule A Confidential Case Review With Our Pleasanton Family Law Attorney
The experienced family law attorneys at Schoenberg Family Law Group, P.C., in Pleasanton, California, provide comprehensive guidance in all areas of family law. We focus on delivering creative and thoughtful solutions to your unique legal concerns, with a strong emphasis on trust, open communication, and integrity in our representation.
Our attorneys are approachable and offer consultations in a confidential, comfortable setting. To learn more about how we can assist you, contact our office today.
